Can a lawyer who is a retired army officer put his military rank and retired status on his professional calling card?
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This page answers the general question as of 1965. Ezel answers yours: whether it's allowed on your facts, under the current Texas Rules of Professional Conduct, with citations.
Plain-English summary
The question was whether a practicing attorney who was also a retired army colonel could use a professional calling card stating his name as "Colonel John Doe, USA (Ret)" followed by "Attorney at Law" and his address and telephone number.
The Committee concluded that the use of the military rank and retired status violated Canons 24 and 39. Adding the rank to the card went beyond a permissible professional card and amounted to the kind of advertising and self-laudation the canons barred. The ruling was 9-0.
Currency note
This opinion was issued in 1965, under the former Texas Canons of Ethics, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. It also predates Bates v. State Bar of Arizona, 433 U.S. 350 (1977), which loosened categorical advertising restrictions, though prohibitions on solicitation were not eliminated. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a lawyer put a retired military rank on a professional calling card?
A: The Committee said no. It concluded that including the military rank and retired status, as in "Colonel John Doe, USA (Ret)," on a professional card violated Canons 24 and 39.
Q: Which canons did the card violate?
A: The Committee identified Canon 24 and Canon 39, the provisions governing advertising and self-laudation.
Q: Was the problem the card itself or the title on it?
A: The Committee's objection was to the use of the military rank and retired status; that addition is what it found violated the canons.
Background and rules framework
The opinion interprets former Texas Canon 24 and Canon 39, the provisions restricting advertising and self-laudation by lawyers. The modern analog is ABA Model Rule 7.1 (communications concerning a lawyer's services), which prohibits false or misleading communications about a lawyer or the lawyer's services.
Citations and references
Rules of Professional Conduct:
- MR 7.1 (communications concerning a lawyer's services), as the modern analog
- Texas Canons 24 and 39 (former canons)
See also
- TX Ethics Op. 305: Listing Practice Specialties on a Lawyer's Letterhead
- TX Ethics Op. 320: Attorney's Name and Picture in Airline Advertising
- TX Ethics Op. 321: Attorney Listing in a Statewide Classified Directory
Source
- Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-306/
- Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_306.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION PRESENTED
Is it unethical for a practicing attorney who is also a retired army colonel to use a professional calling card which states his name as "Colonel John Doe, USA (Ret)" followed by "Attorney at Law" and his address and telephone number?
18 Baylor L. Rev. 368 (1966)
Yes, the use of the military rank and retired status violates Canons 24 and 39. (9-0.)
ADVERTISING - PROFESSIONAL CARD - MILITARY TITLE
A member's professional calling card may not properly include his military rank and retired status.
Canons 24, 39.
Tex. Comm. On Professional Ethics, Op. 306 (1965)
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